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Natural Environment Bill

Combined plan and other matters - National environment plans - Other matters

118: Disputes relating to whether natural environment plan implements national instrument or regional spatial plan

You could also call this:

"Solving disputes about natural environment plans following the rules"

Illustration for Natural Environment Bill

You might have a dispute about whether a natural environment plan follows the national policy direction, a national standard, or a regional spatial plan. The Minister, a regional council, or a spatial plan committee can take this dispute to the Environment Court. They will look at the dispute and decide what to do. You can think of the Environment Court like a referee who helps solve the dispute. If the court decides the natural environment plan does not follow the rules, it can order the regional council to change the plan according to section 71(4) or (5). This means the plan must be updated to follow the rules. However, if the court thinks the plan only slightly differs from the rules, it might not make the regional council change it. This could happen if the difference is minor or does not make a big difference. The court gets to decide what to do in each situation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1526787.

This page was last updated on 14 December 2025 — View changes

Topics:

Environment and resources > ConservationEnvironment and resources > Town planning

117: Statutory acknowledgements to be attached to natural environment plans, or

"Adding important regional acknowledgements to environment plans"

119: Presumption of validity, or

"Assuming a natural environment plan is valid unless proven otherwise"

Part 3Combined plan and other matters
National environment plans: Other matters

118Disputes relating to whether natural environment plan implements national instrument or regional spatial plan

This section applies if there is a dispute about whether a natural environment plan implements—
the national policy direction; or
a national standard; or
any relevant provision of a regional spatial plan.

The Minister, the regional council responsible for the natural environment plan, or the spatial plan committee responsible for the regional spatial plan may refer the dispute to the Environment Court.
If, after considering the dispute, the Environment Court considers that the natural environment plan does not implement the relevant l instrument, the court must order the regional council to amend the plan in accordance with section 71(4) or (5) (as applicable).
However, the Environment Court does not need to make an order under subsection (3) if it considers that the departure from a national instrument or the regional spatial plan is minor or inconsequential.